[HISTORY: Adopted by the Borough Council of the Borough of Chesilhurst as indicated in article histories. Amendments noted where applicable.]
Alcoholic beverages — See Ch. 101.
Mercantile and business licenses — See Ch. 303.
Article I Refreshment Stands and Roadside Markets
Article II Retail Food Establishments Standards
[Adopted 10-7-1948 by Ord. No. 48-1; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
It shall hereafter be unlawful for any person, firm, company or corporation to establish, maintain or operate any refreshment stand or roadside market within the limits of the Borough of Chesilhurst without first obtaining a permit therefor as hereinafter provided.
Any person, firm, company or corporation desiring to operate any such refreshment stand or roadside market, shall first make application, in writing, to the Borough Clerk for a permit for that purpose. Such application shall state the name and residence of the owner, the character of the business proposed to be conducted, the name of the person to be in charge of said business and the place where said business shall be conducted. Upon receiving such application said Borough Clerk shall refer same to the Borough Council for its approval, and if said application is approved by resolution of the Borough Council, the Borough Clerk shall forthwith issue such permit upon payment of the following fees: for a refreshment stand or roadside market to be operated from January 1 to December 31, of any year, the sum of $100; provided, however, that a seasonal license or permit may be issued to refreshment stands or roadside markets for the sum of $50. Said seasonal license shall be for the period of April 1 to September 30, inclusive.
Any person, firm, company or corporation operating a vending machine, and not holding a refreshment stand, roadside market or restaurant license, shall obtain a license or permit for the operation of each vending machine, at the rate of $3 per year for each such machine. There shall be no seasonal licenses issued for this type of machine.
All permits issued under this article shall expire on the last day of year during which they are issued, except the seasonal licenses which shall expire on September 30 of the year during which they are issued.
Any person, firm, company, or corporation violating any of the provisions of this article shall, upon conviction thereof, pay a fine of $500 for the first offense, plus serve imprisonment for a period not exceeding 90 days, perform a period of community service not exceeding 90 days, or a combination thereof. For a second offense, the offender shall pay a fine of $1,000, plus serve imprisonment for a period not exceeding 90 days, perform a period of community service not exceeding 90 days, or a combination thereof
[Adopted 5-14-1970 by Ord. No. 70-2]
A code regulating retail food establishments and fixing penalties for violations is hereby established pursuant to N.J.S.A. 26:3-69.1 to 26:3-69.6. A copy of said code is annexed hereto and made a part hereof without the inclusion of the text thereof herein.
The said code is established and adopted by this article and commonly known as the "Sanitation in Retail Food Establishments and Food and Beverage Vending Machines (N.J.A.C. 8:24-1.1 et seq.)."
Three copies of said "Sanitation in Retail Food Establishments and Food and Beverage Vending Machines (N.J.A.C. 8:24-1.1 et seq.) have been placed on file in the office of the Clerk of the Borough of Chesilhurst upon the introduction of this article and will remain on file there until final action is taken on this article for the use and examination of the public.
It shall be unlawful for any person or any body corporate to conduct a retail food establishment, as defined in and governed by Sanitation in Retail Food Establishments and Food and Beverage Vending Machines (N.J.A.C. 8:24-1.1 et seq.), without first having procured a license from the Borough Clerk so to do or without complying with any or all of the provisions concerning operation and maintenance of the same as contained in the aforementioned Sanitation in Retail Food Establishments and Food and Beverage Vending Machines (N.J.A.C. 8:24-1.1 et seq.).
The fees for licensure of retail food establishments are hereby fixed as follows:
Any license issued under the terms and provisions of this article may be suspended or revoked by the Borough Council of this municipality for the violation by the licensee of any provision of this article or Sanitation in Retail Food Establishments and Food and Beverage Vending Machines (N.J.A.C. 8:24-1.1 et seq.) or whenever it shall appear that the business, trade, calling, profession or occupation of the person, company or firm to whom such license was issued, is conducted in a disorderly or improper manner, or in violation of any law of the United States, the State of New Jersey, or any ordinance of this municipality, or that the person or persons conducting the retail food establishment is of an unfit character to conduct the same, or that the purpose for which the license has been issued is being abused to the detriment of the public, or is being used for a purpose foreign to that for which the license was issued.
A license issued under the terms and provisions of this article shall not be revoked, cancelled or suspended until a hearing thereon shall have been had by the Borough Council. Written notice of the same and place of such hearing shall be served upon the licensee at least three days prior to the date set for such hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking, canceling or suspending such license. Notice may be given either by personal delivery thereof to the person to be notified or be deposited in the United States Post Office, in a sealed envelope, postage prepaid, addressed to such person to be notified at the business address appearing upon said license. At the hearing before the Borough Council the person aggrieved shall have an opportunity to answer and may thereafter be heard, and upon due consideration and deliberation by the Borough Council, the complaint may be dismissed, or if the governing body concludes that the charges have been sustained and substantiated, it may revoke, cancel or suspend the license held by the licensee.
If any such license shall have been revoked, neither the holder thereof nor any person acting for him, directly or indirectly, shall be entitled to another license to carry on the same business within the Borough unless the application for such license shall be approved by the Borough Council.
If a complaint against a retail food establishment involves health and sanitation standards, the matter shall be referred immediately to the State Department of Health and Senior Services for inspection. If at any time during a review of the complaint, the Borough Council determines that an inspection of the retail food establishment would assist in resolving a complaint concerning health and sanitation standards, the matter shall be referred to the State Department of Health and Senior Services for inspection.
No provision of this article shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the state or federal government.
Each violation of any provision of this chapter shall constitute a separate offense and shall be punishable by a penalty of not less than $500 nor more than $1,000, imprisonment for a period not exceeding 90 days, a period of community service not exceeding 90 days, or a combination thereof.